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Rental Agreements Information
About Rental Agreements
A rental agreement is a contract, usually written, between
the owner of a property and a renter who desires to have temporary possession of
the property. As a minimum, the agreement identifies the parties, the property,
the term of the rental, and the amount of rent for the term.
In addition to the basics of a rental (who, what, when, how much), a housing
rental may go into much more detail on these and other issues.
> Who: is the renter living alone, with family, children, room-mate, visitors? A
rental may delineate the rights and obligations of each of these.
For example, a "sub-let" to a stranger might not be permitted without permission
of the landlord. On the other hand, the renter may also have specific rights
against intrusions by the landlord (or other tenants), except under emergency
circumstances. A renter is in possession of the property, and a landlord would
be trespassing upon the renter's rights if entry is made without proper notice
and authority (e.g., 24 hours notice, daytime, knock first, except for emergency
repairs, in case of fire, flood, etc).
> What: the premises rented may include not only specific rooms, but also access
to other common areas such as off-street parking, basement or attic storage,
laundry facility, pool, roof-deck, balconies, etc. The agreement may specify how
and when these places may be used, and by whom. There may be detailed
description of the current condition of the premises, for comparison with the
condition at the time the premises are surrendered.
> When: the term of the rental may be for a night (e.g., a hotel room), weeks,
months, or years. There may be statutory provisions requiring registration of
any rental that could extend for more than a specified number of years (e.g.,
seven) in order to be enforceable against a new landlord.
A typical rental is either annual or month-to-month, and the amount of rent may
be different for long-term renters (because of lower turnover costs). Leaving a
long-term lease before its expiration could result in penalties, or even the
cost of the entire agreed period (if the landlord is unable to find a suitable
replacement tenant, after diligent pursuit). If a tenant stays beyond the end of
a lease for a term of years (one or more), then the parties may agree that the
lease will be automatically renewed, or it may simply convert to a tenancy at
will (month-to-month) at the pro-rated monthly cost of the previous annual
lease.
If a tenant at will is given notice to quit the premises, and refuses to
do so, the landlord then begins eviction proceedings. In many places it is
completely illegal to change locks on doors, or remove personal belongings, let
alone forcibly eject a person, without a court order of eviction. There may be
strict rules of procedure, and stiff penalties (triple damages, plus attorneys'
fees) for violations.
> How much: Rent may be payable monthly, annually, or in advance, or as
otherwise agreed. A typical arrangement for tenancy at will is "first and last
month's rent" plus a security deposit. The "last month's rent" is rent that has
yet to be earned by the landlord. The security deposit is often handled as an
escrow deposit, owned by the tenant, but held by the landlord until the premises
are surrendered in good condition (ordinary wear and tear excepted). In some
states, the landlord must provide the tenant with the name and account number of
the bank where the security deposit is held, and pay annual interest to the
tenant. Other regulations may require the landlord to submit a list of
pre-existing damage to the property, or forfeit the security deposit immediately
(because there is no way to determine whether a prior tenant was responsible).
More On Tenant Landlord Law:
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